G/TBT/N/USA/1988  
4 May 2023  
(23-3129) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [2019]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Methylene 
chloride (Dichloromethane); Environmental protection (ICS code(s): 13.020); Protection 
against dangerous  goods (ICS code(s): 13.300); Production in the chemical industry (ICS 
code(s): 71.020); Products of the chemical industry (ICS code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  Methylene 
Chloride; Regulation Under the T oxic Substances Control Act (TSCA); (63 page(s), in 
English)  
6. Description of content:  Proposed rule - The Environmental Protection Agency (EPA) is 
proposing to address the unreasonable risk of injury to human health presented by 
methylene chloride under  its conditions of use as documented in EPA's June 2020 Risk 
Evaluation for Methylene Chloride and November 2022 revised risk determination for 
methylene chloride prepared under the Toxic Substances Control Act (TSCA) . TSCA 
requires that EPA address by rule any unreasonable risk of injury to health or the 
environment identified in a TSCA risk evaluation and apply requirements to the extent 
necessary so that the chemica l no longer presents unreasonable risk. Methylene chloride, 
also known as dichloromethane, is acutely lethal, a neurotoxicant, a likely human 
carcinogen, and presents cancer and non -cancer risks following chronic exposures as well 
as acute risks. Central n ervous system depressant effects can result in loss of 
consciousness and respiratory depression, resulting in irreversible coma, hypoxia, and 
eventual death, including 85 documented fatalities from 1980 to 2018, a majority of which 
were occupational fatali ties (see Unit II.A.). Nevertheless, methylene chloride is still a 
widely used solvent in a variety of consumer and commercial applications including 
adhesives and sealants, automotive products, and paint and coating removers. To address 
the identified unr easonable risk, EPA is proposing to: prohibit the manufacture, 
processing, and distribution in commerce of methylene chloride for consumer use; 
prohibit most industrial and commercial uses of methylene chloride; require a workplace 
chemical protection prog ram (WCPP), which would include a requirement to meet 
inhalation exposure concentration limits and exposure monitoring for certain continued G/TBT/N/USA/1988  
 
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  conditions of use of methylene chloride; require recordkeeping and downstream 
notification requirements for several  conditions of use of methylene chloride; and provide 
certain time -limited exemptions from requirements for uses of methylene chloride that 
would otherwise significantly disrupt national security and critical infrastructure.  
7. Objective and rationale, in cluding the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  
8. Relevant documents:   
88 Federal Register (FR) 28284, 3 May 2023; Title 40 Code of Federal Regulations (CFR) 
Part 751:  
https://www.govinfo.gov/content/pkg/FR -2023-05-03/html/2023 -09184.htm  
https://www.govinfo.gov/content/pkg/FR -2023-05-03/pdf/2023 -09184.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OPPT-2020-0465. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OPPT-2020-0465/document  and provides access to primary documents as well as 
comments received. Documents are also accessible from Regulations.gov  by searching 
the Docket Number. WTO Members and their stakeholders are asked to submit co mments 
to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 3 July 2023. Comments 
received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be 
shared with the regulator and will also be submitted to the Docke t on Regulations.gov if 
received within the comment period.  
G/TBT/N/USA/1891  - Methylene Chloride; Draft Revision to Toxic Substances Control Act 
(TSCA) Risk Deter mination; Notice of Availability and Request for Comment identified by 
Docket Number EPA-HQ-OPPT-2016-0742. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  3 July 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_09440_00_e.pdf